In the Interest of O.C., a Child v. the State of Texas ( 2023 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-23-00136-CV
IN THE INTEREST OF O.C., A CHILD
On Appeal from the County Court at Law No. 2
Lubbock County, Texas
Trial Court No. DC-2022-FM-1204, Honorable Kara L. Darnell, Presiding
June 5, 2023
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and DOSS, JJ.
Appellant, Mother, appeals from the trial court’s order terminating her parental
rights to her child, O.C.1 Because the trial court has granted Mother’s motion for new
trial, we dismiss the appeal for want of jurisdiction.
We have jurisdiction to hear an appeal from a final judgment or from an
interlocutory order made immediately appealable by statute. See Lehmann v. Har-Con
Corp., 39 S.W.3d 191, 195 (Tex. 2001); Stary v. DeBord, 967 S.W.2d 352, 352–53 (Tex.
1998) (per curiam). When a trial court grants a motion for new trial, the court’s original
1 To protect the privacy of the parties involved, we will refer to Appellant as “Mother” and to the
child by his initials. See TEX. FAM. CODE ANN. § 109.002(d); TEX. R. APP. P. 9.8(b).
judgment or order is vacated and the case proceeds as if there had been no trial.
Markowitz v. Markowitz, 118 S.W.3d 82, 88 (Tex. App.—Houston [14th Dist.] 2003, pet.
denied) (op. on reh’g). Thus, an order granting a new trial deprives an appellate court of
jurisdiction over an appeal. In re K.F., No. 07-08-00102-CV, 2008 Tex. App. LEXIS 2068,
at *2 (Tex. App.—Amarillo Mar. 19, 2008, no pet.) (mem. op.) (citing Boris v. Boris, 642
S.W.2d 855, 856 (Tex. App.—Fort Worth 1982, no writ) (per curiam)).
The trial court signed the Final Order of Termination of Parental Rights on March
24, 2023. Thereafter, Mother timely filed a motion for new trial. Within its plenary power,
the trial court signed an Order Granting Respondent Mother’s Motion for New Trial and
Setting Hearing. Thus, by letter of May 11, 2023, we notified Mother that it did not appear
we had jurisdiction over the appeal. We directed her to show grounds for continuing the
appeal by May 22, or we would dismiss the appeal for want of jurisdiction. Mother has
not responded to our letter to date.
Because there is no final judgment or appealable order, we dismiss the appeal for
want of jurisdiction. See TEX. R. APP. P. 42.3(a).
Per Curiam
2